Justice Sanjiv Khanna took oath as the 51st Chief Justice of India (CJI) on Monday. He has succeeded DY Chandrachud, who recommended his name as the next CJI. Khanna will serve for a short term of six months till his superannuation in May 2025.
About the Chief Justice of India (CJI)
- The Chief Justice of India (CJI) is appointed by the President of India as per the constitutional provisions mentioned in Article 124(2).
- The senior-most judge of the SC, as ruled in the Second Judges Case 1993, is appointed as the CJI on the recommendation of the outgoing CJI. The name is sent to the Union Law Minister, who forwards it to the Prime Minister, who ultimately advises the President regarding the final appointment.
- The CJI serves the SC till the age of 65. However, he/she can be removed on grounds of misbehaviour or incapability by the President only on the recommendation of the Parliament. Each House of the Parliament needs to pass a resolution in this regard by a special majority.
About the Collegium System
- The Collegium System was introduced by the Supreme Court during the Second Judges Case 1993.
- The SC collegium is a five-member committee, headed by the Chief Justice of India. Other members are the four senior-most judges.
- The collegium of a High Court is headed by the Chief Justice and consists of other two senior-most judges.
- It oversees the appointment and transfer of judges.
Issues with the Collegium System
- This system entirely excludes government executives. This is a closed-door and secret affair.
- In the absence of any specific criteria, there are chances of favouritism or nepotism. It questions the transparency of the process.
- However, the judiciary has delivered exceptional service even after the implementation of the Collegium System, which makes some opinions in favour.
Chief Justice of India
- The first Chief Justice of India was Harilal J. Kania.
- Y V Chandrachud held the post for over 7 years, becoming the longest-serving CJI. He was the 16th CJI.
- The 22nd CJI, Kamal Narain Singh served for the shortest tenure of 17 days.
- Till today, no woman has served the judiciary as the CJI.
